OAR Chapter 611 — Department of Agriculture, Oregon Raspberry and Blackberry Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 611-001-0000 Procedure for Notice of Intended Rulemaking

Before adopting, amending, or repealing any permanent rule, the Oregon Raspberry and Blackberry Commission will give notice of the intended action:

(1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the Oregon Raspberry and Blackberry Commission's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule;

(3) By mailing or furnishing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and

(4) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Associations with an interest in the Commission’s rulemaking and publications whose readers have an interest in the Commission’s activities; and

(c) Newspapers in primary production regions of the commodities represented by the commission.

History

• Statutory/Other Authority: ORS 183.341(4)
• Statutes/Other Implemented: ORS 183.335
• ORCB 1-2001, f. & cert. ef. 2-20-01
• RBC 1-1995, f. & cert. ef. 3-21-95
• OCC 1-1981, f. & ef. 7-22-81

Division 10 REPORTING AND PAYMENT OF ASSESSMENT

Or. Admin. R. 611-010-0005 Definitions

(1) "Person" means any individual, corporation, association, partnership or joint stock company.

(2) "Commission" means the Oregon Raspberry and Blackberry Commission.

(3) "Casual Sale" means any sale or sales of caneberries made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 500 lbs.

(4) "First Purchaser" means any person who buys caneberries from the producer in the first instance, or handler who receives the caneberries in the first instance from the producer for resale or processing.

(5) "Producer" means a person or other legal entity producing caneberries in Oregon for market, whether as a landowner, landlord, tenant, sharecropper or otherwise.

(6) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in caneberries, whether as owner, agent, employee, broker or otherwise.

(7) Caneberries consists of the trailing berries species:

(a) Rubus sp. hyb. (including, but not limited to, the cultivars Boysen, Logan, and Marion); and

(b) R. Laciniatus West. (Evergreen Thornless Blackberry) and raspberries species including, but not limited to;

(c) R. idaeus-strigosus L. (Red Raspberry); and

(d) R. occidentalis L. (Blackcap Raspberry). All caneberry cultivars sold commercially are to be included.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325
• ORBC 3-2022, minor correction filed 06/27/2022, effective 06/27/2022
• ORBC 2-2022, amend filed 05/24/2022, effective 06/15/2022
• ORBC 1-2011, f. & cert. ef. 9-29-11
• OCC 2-1981, f. 7-22-81, ef. 7-23-81

Or. Admin. R. 611-010-0010 Assessments

(1) Any first purchaser shall deduct and withhold an assessment of 1 percent of the gross value of the raw product of the berries delivered to a processor before any deductions from the price paid to the producer thereof, after July 6, 1987, for all caneberries grown in Oregon. (See definition of "First Purchaser".)

(2) Any producer who sells directly to a retailer or sells directly at farmers’ markets or farmstands is obligated to pay the assessment.

(3) All casual sales of caneberries shall be exempt form the assessment. (See definition of "Casual Sale".)

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325 & 576.335
• ORBC 5-2022, amend filed 06/28/2022, effective 06/28/2022
• ORBC 2-2022, amend filed 05/24/2022, effective 06/15/2022
• ORBC 2-2013, f. & cert. ef. 7-16-13
• ORBC 1-2003, f. & cert. ef. 5-12-03
• ORBC 1-2002, f. & cert. ef. 5-17-02
• ORCB 1-2001, f. & cert. ef. 2-20-01
• OCC 4-1987, f. & ef. 12-1-87
• OCC 3-1987(Temp), f. & ef. 7-30-87
• OCC 2-1987, f. & ef. 7-6-87
• OCC 2-1981, f. 7-22-81, ef. 7-23-81

Or. Admin. R. 611-010-0015 Reports and Payments of Assessment Moneys

(1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports for purchases by or deliveries to a first purchaser of caneberries during the period of November 30th through August 31st shall be postmarked on or before October 15th. Assessment reports for all purchases by or deliveries to a first purchaser of caneberries from September 1st through November 29th, shall be postmarked on or before December 15th.

(2) When a first purchaser or handler has completed, signed and forwarded a report covering his final purchase of caneberries for the crop season, he may mark such report in large letters “Final Report For This Crop Season.” No further reports are necessary by such first purchaser unless or until additional purchases are made.

(3) When a first purchaser lives or has his office in another state, or is a federal or governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission.

(4) At the time that reports are due the Commission from the first purchaser or first handler, as required in section (1) of this rule, the first purchaser or first handler shall attach or forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser or first handler and completely filled out, and shall include, in addition to all other required information and figures, the name and complete mailing address of each producer, species of berries, total dollars paid, and 1% of dollar ($) value.

(5) Any producer who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment moneys directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission. Examples would be the sale by a producer direct to a peddler, to a retail store, etc.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325, 576.335 & 576.345
• ORBC 1-2002, f. & cert. ef. 5-17-02
• ORCB 1-2001, f. & cert. ef. 2-20-01
• OCC 2-1981, f. 7-22-81, ef. 7-23-81

Or. Admin. R. 611-010-0020 Penalties

Penalty for delaying transmittal of assessment moneys (ORS 576.355): "In addition to the penalties prescribed in ORS 576.991, any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one-half percent of the amount due for each month of delay thereafter."

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325 & 576.355
• ORBC 1-2005, f. & cert. ef. 1-13-05
• OCC 2-1981, f. 7-22-81, ef. 7-23-81

Or. Admin. R. 611-010-0025 Effective Dates of Assessment

The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 611-010-0010(1), or the reports required under 611-010-0015, applies to and covers any purchase by him or delivery on or after July 6, 1987, of caneberries grown in Oregon.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325 & 576.335
• OCC 4-1987, f. & ef. 12-1-87
• OCC 3-1987(Temp), f. & ef. 7-30-87
• OCC 2-1981, f. 7-22-81, ef. 7-23-81

Division 20 PUBLIC RECORDS REQUESTS

Or. Admin. R. 611-020-0010 Purpose of Public Records Request Processing Rules

(1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Raspberry and Blackberry Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478.

(2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311.

(3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019

Or. Admin. R. 611-020-0020 Request to Inspect or Make Copies of Public Records

(1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s).

(2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 4845 B SW Dresden Ave., Corvallis, OR 97333

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019

Or. Admin. R. 611-020-0030 Commission Procedure for Responses to Public Records Requests

(1) The commission may request additional information or clarification from a requester of public records for the purpose of expediting the commission’s response to the request.

(2) Within five business days after receiving the request, the commission shall acknowledge receipt of the request or complete the response to the request. An acknowledgment under this subsection must:

(a) Confirm that the commission is the custodian of the requested record; or

(b) Inform the requester that the commission is not the custodian of the requested record; or

(c) Notify the requester that the commission is uncertain whether the commission is the custodian of the requested record.

(3) As soon as reasonably possible but not later than 10 business days after the date by which the commission is required to acknowledge receipt of the request the commission shall:

(a) Complete its response to the public records request; or

(b) Provide a written statement that the commission is still processing the request, including a reasonable estimated date by which the commission expects to complete its response based on the information currently available.

(4) The commission shall complete its response to a written public records request that is received by the Administrator/Public Records Information Officer as soon as practicable and without unreasonable delay. The commission’s response is complete when the commission:

(a) Provides access to or copies of all requested records within the possession or custody of the commission that the commission does not assert are exempt from public disclosure, or explains where the records are already publicly available; or,

(b) Names any exemptions from disclosure that the commission believes apply to any requested records and, if the commission cites ORS 192.355 (8) or (9), identifies the state or federal law that the commission relied on in asserting the exemption(s); or,

(c) Provides public records, or portions of public records, that are not exempt from records that are exempt from disclosure; or,

(d) To the extent that the commission is not the custodian of records that have been requested, provides a written statement to that effect; or,

(e) To the extent that state or federal law prohibits the commission from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the commission relies on, unless the written statement itself would violate state or federal law; or

(f) If the commission asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the commission’s determination pursuant to ORS 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.

(5) If the public record is maintained in a machine readable or electronic form, the commission shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the commission shall make the public record available in the form in which the public body maintains the public record.

(6) If in reviewing the request the commission determines that a fee will likely exceed $25, the commission shall estimate the allowable fee consistent with 611-020-0060 and provide the requester with a written notification of the estimated amount of the fee.

(7) The commission may, in the course of responding to any request, make good faith requests for clarification or additional information that will assist the commission in expediting its response to the request. If in reviewing the request the commission determines that a fee will likely exceed $250, the commission shall work with requester to refine the scope of the request or otherwise seek to reduce the cost of the request.

(8) The commission shall not proceed with processing any request until the requester provides payment, or the fee has been waived by the commission pursuant to 611-020-0060, or the fee otherwise has been ordered waived.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019

Or. Admin. R. 611-020-0040 Exceptions to Established Time Periods

(1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because:

(a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or

(b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or

(c) Of the volume of public records requests being simultaneously processed by the commission.

(2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request.

(3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 611-020-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 611-020-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver.

(4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019

Or. Admin. R. 611-020-0050 Fee for Cost of Making Public Records Available

(1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request.

(a) Records search by clerical staff @ $25.00 per hour;

(b) Records search by managerial staff @ $40.00 per hour;

(c) Records search by professional or legal staff @ $75.00 per hour;

(d) Copies @ current state printing & distribution price list;

(e) Media @ statewide price agreement;

(f) Postage @ current postal rates;

(g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission.

(2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester.

(3) All or a portion of fees may be waived as provided in 611-020-0060.

(4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019

Or. Admin. R. 611-020-0060 Fee Waiver or Reduction

(1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission to the commission at the address provided in 611-020-0020.

(2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.

(3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030.

(4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030:

(a) Clerical: $20 per hour;

(b) Managerial: $32 per hour;

(c) Professional: $60 per hour;

(d) Department of Justice, special attorney or other applicable legal fees;

(e) Copies, media, and postage fees will be based on current rates.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019

Division 30 COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, REMOVAL FROM OFFICE

Or. Admin. R. 611-030-0010 Number of Commissioners and Terms

The Oregon Raspberry and Blackberry Commission will consist of nine commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if a commissioner is reappointed for a term following a prior term for that person, ending three years from the date of expiration of any prior term.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• ORBC 1-2016, f. & cert. ef. 5-9-16
• ORBC 1-2004, f. & cert. ef. 1-15-04

Or. Admin. R. 611-030-0020 Qualifications of Commissioners

(1) For purposes of this rule:

(a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment, if any, on the commodity in each of the preceding three calendar years.

(b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.

(2) Members of the Oregon Raspberry and Blackberry Commission will have the following qualifications, which will continue during the term of office of the member:

(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of caneberries;

(b) A majority of the members will be producers;

(c) Two members will be handlers;

(d) All members who are not a handlers or the public member will be producers.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• ORBC 1-2004, f. & cert. ef. 1-15-04

Or. Admin. R. 611-030-0030 Removal of Commissioners

The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons:

(1) Two consecutive unexcused absences, or other neglect of duty in office;

(2) Use of the commission appointment for financial gain or to avoid financial detriment;

(3) Unauthorized use or disclosure of confidential information;

(4) Conduct in violation of Oregon government standards and practices laws;

(5) Misappropriation or misuse of commission funds;

(6) Failure to satisfy one or more qualifications for appointment;

(7) Not working for the positive economic benefit of the commodity;

(8) Inefficiency; or

(9) Misconduct.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• ORBC 1-2004, f. & cert. ef. 1-15-04

Or. Admin. R. 611-030-0040 Chair and Other Officers

(1) Annually, at the last regular meeting of the Commission at the end of the fiscal year, the Oregon Raspberry and Blackberry Commission will elect from its members a Chair, Vice Chair, and a Secretary-Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary-Treasurer may resign as such or may be removed from that position by vote of five or majority of the Commissioners. If the Chair, Vice Chair or Secretary-Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be elected at the next regular meeting of the Commission.

(2) The Chair will preside over all meetings, call special meetings, and generally supervise the business affairs of the commodity commission committees.

(3) The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Under normal circumstances, the Vice Chair assists in the completion of the duties of the Chair.

(4) The Secretary-Treasurer of the commission acts as custodian of all the monies, property, securities, fidelity bonds, and the books, records, and accounts maintained by the commodity commission. This officer is also responsible for promptly depositing all monies and securities of the commission into the appropriate banking institutions. These duties may be delegated to the administrator. In the absence of the Chair or Vice Chair, the Secretary-Treasurer may perform his or her duties.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.285
• ORBC 1-2013, f. & cert. ef. 7-16-13
• ORBC 1-2004, f. & cert. ef. 1-15-04

Division 40 Per Diem Compensation

Or. Admin. R. 611-040-0010 Per Diem Compensation

(1) Subject to the availability of funds in the budget, the Commission must pay any member of the Commission, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official Commission duties.

(2) The rate of compensation is $30 per day pursuant to ORS 292.495(1).

(3) In order to receive compensation, a member must submit to the Commission a written claim for compensation by the 10th day of the second calendar month following the month for which the member seeks compensation. The member must specify the amount of time the member spent on official Commission duties as well as the nature of the duties performed for any day or portion thereof for which the member claims compensation.

History

• Statutory/Other Authority: ORS 292.495, ORS 576.206 & ORS 576.416
• ORBC 2-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022
• ORBC 1-2017, adopt filed 10/26/2017, effective 10/26/2017

Or. Admin. R. 611-040-0020 Reimbursement of Travel and Other Expenses

(1) Subject to subsections (2) through (6) of this rule, a member of the Commission, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred in the performance of the member's official duties.

(2) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Commission a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses by the 10th day of the second calendar month following the month in which the member incurred the expense. The claim for reimbursement must include the following information for each expense:

(a) Date on which the member incurred the expense;

(b) Nature of the expense; and

(c) Amount of the expense.

(3) An expense that exceeds $1,000 dollars must be authorized by the Commission before a member incurs the expense.

(4) For the purposes of this rule, "travel and other expenses" are limited to reasonable expenses. An expense is reasonable if:

(a) It is an actual expense incurred by a member in carrying out official Commission business, which is within the member's scope of responsibilities; and

(b) The expense is necessary to enable the member to carry out official Commission business.

(5) For the purposes of this rule, "travel and other expenses" includes:

(a) Meals;

(b) Overnight lodging;

(c) Transportation;

(d) Postage; and

(e) Cost of attending an event associated with promotion of a commodity, such as a festival, trade show, county fair or state fair.

(6) For the purposes of this rule, "travel and other expenses" does not include:

(a) Attendance at a sporting event, concert, theatrical performance, movie, dance venue, or other entertainment not necessary for official business;

(b) In-room movie rental;

(c) Long distance telephone charges at a place of lodging;

(d) Use of a gym or health club;

(e) Cost of a gift for a host, business associate, commission member or employee, or family member; or

(f) Alcoholic beverages.

History

• Statutory/Other Authority: ORS 292.495, ORS 576.206, ORS 576.265, ORS 576.311, ORS 576.416 & ORS 576.440
• Statutes/Other Implemented: ORS 292.495, ORS 576.206(7) & ORS 576.265
• ORBC 2-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022
• ORBC 1-2017, adopt filed 10/26/2017, effective 10/26/2017

Or. Admin. R. 611-040-0030 Reimbursement for Hiring a Substitute

(1) As used in OAR 611-040-0020, "other expenses" includes expenses incurred by a member of the Commission in employing a substitute to perform duties, including personal duties, normally performed by the member, which the member is unable to perform because of the performance of official duties and which, by the nature of such duties, cannot be delayed without risk to health or safety.

(2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day pursuant to ORS 292.495(3).

History

• Statutory/Other Authority: ORS 292.495
• Statutes/Other Implemented: ORS 292.495 & ORS 576.206(7)
• ORBC 2-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022
• ORBC 1-2017, adopt filed 10/26/2017, effective 10/26/2017

Or. Admin. R. 611-040-0100 Commissioner Per Diem and Reimbursements

(1) “Actual and necessary” means that a travel or other expense:

(a) Is an actual expense incurred by a member in carrying out official duties; and

(b) The expense is necessary to enable the member to carry out official duties.

(2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Raspberry & Blackberry Commission.

(3) “Non-qualified member” means a member other than a qualified member.

(4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Raspberry & Blackberry Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day.

(5) “Official duties” includes:

(a) Attendance at an Oregon Raspberry & Blackberry Commission meeting or subcommittee meeting;

(b) Substantial preparation for an Oregon Raspberry & Blackberry Commission meeting or subcommittee meeting;[WR1]

(c) Attendance at a conference or other activity as a representative of the Oregon Raspberry & Blackberry Commission, either at the request of the chair of Oregon Raspberry & Blackberry Commission or as authorized in advance by a vote of the Oregon Raspberry & Blackberry Commission n; and

(d) Legislative testimony.

(6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year:

(a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or

(b) Of less than $100,000, as reported on a joint income tax return.

(7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Raspberry & Blackberry Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include:

(a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training;

(b) In-room movie rental;

(c) Telephone charges that are not associated with Oregon Raspberry & Blackberry Commission business;

(d) Use of a gym or health club;

(e) Cost of a gift for a host, business associate, family member, or Oregon Raspberry & Blackberry Commission member, employee, or contractor; or

(f) Alcoholic beverages.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 576.265, ORS 292.495 & ORS 576.264
• ORBC 1-2022, adopt filed 01/13/2022, effective 01/13/2022
• ORBC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022

Or. Admin. R. 611-040-0110 Qualified Members

(1) In accordance with the procedures set forth in OAR 611-040-0130 and OAR 611-040-0140, the Oregon Raspberry & Blackberry Commission shall provide to a qualified member of the Oregon Raspberry & Blackberry Commission:

(a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and

(b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00.

(2) A qualified member of the Oregon Raspberry & Blackberry Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Raspberry & Blackberry Commission.

History

• Statutory/Other Authority: ORS 576.265 & 576.304
• Statutes/Other Implemented: ORS 576.265 & 292.495
• ORBC 1-2022, adopt filed 01/13/2022, effective 01/13/2022
• ORBC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022

Or. Admin. R. 611-040-0120 Non-Qualified Members

(1) In accordance with the procedures set forth in OAR 611-040-0130, and only if there are funds available in the budget for such compensation, Oregon Raspberry & Blackberry Commission shall provide to a non-qualified member of the Oregon Raspberry & Blackberry Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties.

(2) In accordance with the procedures set forth in OAR 611-040-0140, the Oregon Raspberry & Blackberry Commission shall provide to a non-qualified member of the Oregon Raspberry & Blackberry Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00.

(3) A non-qualified member of the Oregon Raspberry & Blackberry Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Raspberry & Blackberry Commission.

History

• Statutory/Other Authority: ORS 576.265 & 576.304
• Statutes/Other Implemented: ORS 576.265 & 292.495
• ORBC 1-2022, adopt filed 01/13/2022, effective 01/13/2022
• ORBC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022

Or. Admin. R. 611-040-0130 Procedures for Payment of Per Diem Compensation

A member must submit a written claim for compensation to the Oregon Raspberry & Blackberry Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation.

History

• Statutory/Other Authority: ORS 576.265
• Statutes/Other Implemented: ORS 576.265, 576.304 & 292.495
• ORBC 1-2022, adopt filed 01/13/2022, effective 01/13/2022
• ORBC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022

Or. Admin. R. 611-040-0140 Procedures for Expense Reimbursement

(1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Raspberry & Blackberry Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The claim for reimbursement must include the following information for each expense:

(a) Date on which the member incurred the expense;

(b) Nature of the expense; and

(c) Amount of the expense.

(2) An expense that exceeds $1000 must be authorized by the Oregon Raspberry & Blackberry Commission before the member incurs the expense.

History

• Statutory/Other Authority: ORS 576.265
• Statutes/Other Implemented: ORS 576.265, 576.304 & 292.495
• ORBC 1-2022, adopt filed 01/13/2022, effective 01/13/2022
• ORBC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022